The U.S. Department of Labor (“DOL”) has released new revised versions of its model notice of rights, certification, and designation forms under the federal Family and Medical Leave Act (“FMLA”) (dated June 2020).  The revised forms are noticeably different.  The DOL intended them to be simpler and easier for employees, employers, leave administrators and healthcare providers to understand and use.  Download the new FMLA forms here.  The FMLA poster has not been updated at this time.

Here are highlighted updates:

• New updated forms include more questions that can be answered by checking response boxes (instead of writing a narrative answer).
• Additional information regarding the circumstances when follow-up information may be obtained from healthcare providers.
• Additional information on the substitution of paid leave and concurrent leave usage.
• Electronic signature features to allow for contactless completion and transmission of completed forms.
• Reorganized questions that improve the overall organization of information.
• Forms are longer in length.

Updated forms include:

1. General Notice of FMLA Rights, which can be given to employees upon hire (poster – did not change).
2. FMLA Eligibility Notice and FMLA Rights and Responsibilities’ Notice, which can be given to employees to inform them of their eligibility (or ineligibility).
3. FMLA Designation Notice.
4. Employee’s serious health condition, form WH-380-E
5. Family member’s serious health condition, form WH-380-F

Action required: Employers covered by the Family and Medical Leave Act (FMLA), fifty (50) or more employees, should download the revised forms and put them into use with their FMLA process and procedures.